Legal Question in Criminal Law in Colorado

Can someone be forced to represent themselves?

A friend of mine has had to post two excessive bonds and go through two unfair trials (with two different private attorneys). Now he is being forced into a third trial on the same charges. His finances are completely gone.

The public defender's office turned down his application citing that if he had paid such high bonds then he should be able to afford a private attorney. Even though he has no money they would not declare him indigent. It obviously did not occur to them that he is financially devastated *because* he had to pay those excessive bonds.

The first trial was deemed unfair due to the DA's conduct. The second trial was a mistrial due to a hung jury (most of them were in favor of the defendant). It was *also* very unfair due to the DA's conduct.

Can the state force a person to represent themselves in a trial?

Also, if the DA ignored the judge's orders to keep certain things out of the trial, but they brought it up anyway, can they be punished?

Thanks!


Asked on 12/13/04, 6:18 pm

1 Answer from Attorneys
David Colt Colt Law Firm, P.C.

Re: Can someone be forced to represent themselves?

Hello:

Welcome to the criminal justice system (and I mean that ironically). Your friend's situation illustrates how the system can at times be very unfair.

Unfortunately, your friend may not be entitled to an appointed attorney, because, while the Constitution guarantees that you may have representation if you wish, it does not guarantee that an attorney will be appointed and paid for by the state to defend a person charged with a crime. It is because of a past court ruling, that indigent persons are appointed an attorney; but if you friend has been found not to be "indigent", he has no right to an appointed attorney.

I hope this answer helps you. David C. Colt

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Answered on 12/15/04, 4:37 pm


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